Strict liability
Strict liability is a legal doctrine that holds an individual or organisation responsible for damage caused whether they have intent or not. It forms part of the law of tort.
Tort is a collection of civil law remedies entitling a person to recover damages for loss and injury which has been caused by the actions, omissions or statements of another person in circumstances that the latter was in breach of a duty or obligation imposed by law.
In tort, rights and obligations are created by the courts applying common law, which has, on the basis of previous authority fallen into three distinct categories:
Under strict liability, the plaintiff is under no obligation to prove fault, negligence or intention on the part of the defendant, only that there has been damage and/or loss caused to them and the defendant was responsible for it either by their acts or omissions.
Strict liability has, for example, been applied by common law in situations where there is a potentially dangerous and non-natural object or operation on an owner’s land. It has been held that the ordinary law of negligence may not afford proper protection under these circumstances, and so, the law has created a liability that is 'strict', where a duty of care is not necessary. The intention of this is to dissuade recklessness and unnecessary loss by encouraging defendants to take all precautions possible.
The case of Rylands v Fletcher [1868] first formulated strict liability. It involved a defendant who had built a reservoir on his land. When the reservoir was filled, the water flooded the plaintiff’s neighbouring coal mines. Despite the defendant not being at fault, he was held liable.
Strict liability has also been attributed to:
- Some aspects of consumer law.
- Contracts and appointment agreements, where the requirement for 'reasonable skill and care' has not been applied throughout.
- Injuries in the workplace (removed in 2013).
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
We're expanding our collaborative mission by launching DB Intelligence, an exclusive market research advisory panel. Built environment professionals can now get paid to share their expertise on industry trends, products and services.
Panel members receive direct financial incentives for participating in research projects like short surveys, 1-2-1 interviews and focus groups. Register today to shape the future of the construction sector.
Planning condition discharge in England and Wales
A brief exoplanation from a building compliance expert, with further links.
Overheating guidance and tools for building designers
Guidance for dealing with element of building fabric control that have increasing importance.
Shading for housing, a design guide
From the Good Homes Alliance and British Blind and Shutter Association.
UK Standard Skills Classification (SSC)
A shared framework for describing skills needs.
Social media ban consultation comes to close
CIOB urges UK Government to consider social media’s role in careers guidance in ban debate.
The latest of eight Skills England apprenticeship units
The addition of battery manufacturing welcomed by ECA with a warning about the risks of fast-tracked apprenticeship units.
Building Control Independent Panel final report
A precis of a key report led by Dame Hackitt with full recommendations and link to the government response.
Building Safety recap April, 2026
A short and longer run-through of the month, with links to further information and sources.
CIAT May 2026 briefing.
From medieval scribes to modern word art.
ECA welcomes crackdown on late payment and push for clean energy, whilst CIOB seek fixed cladding removal timeframes.
Cyber Security in the Built Environment
Protecting projects, data, and digital assets: A CIOB Academy TIS.
Managing competence in the built environment
ITFG publishes new industry guide on how to meet the ICC principles.
The UK's campaign to reduce noise pollution: Mythbusting, articles and topic guides.